Citation Nr: 0606887
Decision Date: 03/09/06 Archive Date: 03/23/06
DOCKET NO. 95-27 424 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas
THE ISSUE
Entitlement to service connection for a chronic acquired
variously diagnosed psychiatric disorder, including post-
traumatic stress disorder (PTSD).
REPRESENTATION
Appellant represented by: Sean Kendall, Attorney
ATTORNEY FOR THE BOARD
Milo H. Hawley, Senior Counsel
INTRODUCTION
The veteran had active service from April 1970 to December
1970.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.
The veteran appealed an August 2004 Board decision to the
United States Court of Appeals for Veterans Claims (Court).
In a December 2005 order the Court granted a joint motion
vacating and remanding the Board's August 2004 decision.
Copies of the joint motion and Court order have been included
in the claims file.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The joint remand indicates that the Board considered a 2004
report from John W. Scroggins, M.D., a private physician,
that had not been considered by the RO. 38 C.F.R.
§ 20.1304(c) (2005). The joint remand also directs that
another psychological examination should be conducted to take
into account all records of medical treatment with respect to
the veteran's psychiatric disorder.
In light of the above, the appeal is REMANDED for the
following:
1. Make arrangements with the
appropriate VA medical facility for the
veteran to be afforded a psychiatric
examination to determine the existence
and etiology of any currently manifested
psychiatric disorder(s), which may be
present. All indicated studies, tests,
and evaluations deemed necessary should
be performed. The claims file must be
made available to the examiner for review
and the examination report must reflect
that such review is accomplished. The
examiner must express an opinion as to
whether it is more likely than not (i.e.,
probability greater than 50 percent), as
least as likely as not (i.e., probability
of 50 percent) or less likely than not
(i.e., probability less than 50 percent)
that any psychiatric disorder(s) which
may be found on examination is/are
related to service. A complete rationale
for all opinions offered should be
provided.
2. Thereafter, readjudicate the issue on
appeal with consideration of all the
evidence including a 2004 report from
John W. Scroggins, M.D. If the
determination remains unfavorable to the
veteran, the veteran and his
representative should be provided with a
supplemental statement of the case and
afforded the appropriate opportunity to
respond thereto.
Thereafter, the case should be returned to the Board for
further appellate consideration, if otherwise in order. The
Board intimates no opinion as to the ultimate outcome of this
case. The veteran need take no action unless otherwise
informed.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
JEFF MARTIN
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2005).